People v. De Jesus

*149OPINION OF THE COURT

Fein, J.

Defendant appeals from his conviction of felony murder. The issue is whether defendant’s statement was properly received in evidence.

At approximately 3 a.m. on September 20, 1974, Mr. and Mrs. Gardos were returning home after having parked their car in a garage on West 108th Street, Manhattan. According to Mrs. Gardos they were approached by defendant and one Benson. Defendant was holding a knife with a blade about seven inches in length. He put the knife to the witness’ stomach and told her not to scream because, "I kill you.” Benson was pushing her husband toward…